Legal knowledge

Introduction: Can an application for reconsideration be filed if one is dissatisfied with the traffic accident determination document? The traffic accident determination document is merely a type of evidence in civil litigation and is no longer the definitive basis for court proceedings. The court may make a judgment based on the facts proven by the evidence presented by the parties involved, potentially resulting in different liability sharing ratios. Therefore, if a party is dissatisfied with the traffic accident determination document, they cannot apply for reconsideration.

I. If one is dissatisfied with the traffic accident determination document, they cannot file an administrative reconsideration or administrative lawsuit.

The original "Road Traffic Accident Handling Measures" stipulated that if one was dissatisfied with the traffic police's liability determination document, they could apply for administrative reconsideration to a higher-level authority. Some courts also accepted administrative lawsuits regarding this matter. However, now, the traffic police's accident determination document is merely one type of evidence in civil litigation. In traffic police mediation jointly applied for by the parties involved, the determination document is the definitive basis; in civil compensation lawsuits in court, the traffic police's determination document is merely important evidence and is no longer the definitive basis for court proceedings. The court may make a judgment based on the facts proven by the evidence presented by the parties involved, potentially resulting in different liability sharing ratios. If a party is dissatisfied with the traffic accident determination document, they cannot apply for reconsideration.

II. How should one handle dissatisfaction with the traffic accident determination document?

1. Apply for review to the higher-level public security traffic management department.

Article 14 of the 16 convenient measures of the Traffic Management Bureau of the Ministry of Public Security: Within 3 days of receiving the "Traffic Accident Determination Document," the parties involved in the traffic accident may apply for review to the higher-level public security traffic management department. After the higher-level public security traffic management department completes the review, it will convene all parties involved in the accident and announce the review results on the spot.

Article 66 of the "Traffic Accident Handling Procedures Regulations": The public security organ's inspectorate department may, in accordance with the law, conduct on-site supervision of the work of the public security organ's traffic management department and its traffic police in handling traffic accidents, and investigate and deal with illegal and disciplinary issues in accordance with the law.

The higher-level public security traffic management department supervises the work of the lower-level public security traffic management department in handling traffic accidents, and if errors are found, they should be corrected promptly.

Article 62 of the "Traffic Accident Handling Work Standards": All levels of public security traffic management departments should establish a traffic accident handling expert group composed of traffic police with traffic accident handling qualifications, responsible for the review and verification of traffic accident determination.

The higher-level public security traffic management department supervises and inspects the traffic accident determination work of the undertaking unit. If errors are found in the "Traffic Accident Determination Document" during the inspection or after receiving complaints from the public, a decision should be made to revoke the "Traffic Accident Determination Document," and the undertaking unit should prepare a new "Traffic Accident Determination Document" within the prescribed time limit.

For undertaking units that refuse to execute the decisions of the higher-level public security traffic management department, they will be revoked or changed in accordance with the "Regulations on Internal Law Enforcement Supervision of Public Security Organs" and investigated for wrong cases in accordance with the "Regulations on the Investigation of Liability for Wrongdoing in Law Enforcement by Public Security Organs".

2. In the civil litigation process, raise objections to the accident determination document to the court and explain the reasons. The people's court has the right to decide whether to adopt it.

Since the traffic accident determination document is merely evidence in handling traffic accidents, in the people's court's trial of traffic accident damage compensation lawsuits, it must be subjected to on-the-spot verification. Parties who are dissatisfied with it may explain their reasons to the court. The people's court has the right to decide whether to adopt it and has the right to decide the proportion of liability for compensation for the accident.